USA > New York > History of the state of New York, political and governmental, Vol. II 1822-1864 > Part 2
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38
18
POLITICAL AND GOVERNMENTAL HISTORY OF THE STATE OF NEW YORK
the doom of that ill-devised agency of government. That body, it will be recalled, was known as "Skinner's Council," because it was dominated by Roger Skinner, who had the shamelessness to be a State Senator, mem- ber of the Council of Appointment, and particularly active partisan politician at the same time that he was the United States Judge for the Northern district of New York, and who consequently provoked the Con- stitutional convention to provide in the new Constitu- tion that no Federal office-holder should be eligible to a State office.
The Legislature of 1821, the Forty-fourth in the his- tory of the State, had a particularly stormy and import- ant session, the three historic features of which were Governor Clinton's "Green Bag message" against the meddling of Federal officials in State politics, the elec- tion of Martin Van Buren to the United States Senate, and the enactment of the measure providing for the Constitutional convention. It was while those things were being done that Skinner's Council made possible the formation of the Albany Regency by appointing Samuel A. Talcott to succeed Thomas J. Oakley as At- torney-General, William L. Marcy to succeed General Solomon Van Rensselaer as Adjutant-General, and Benjamin F. Butler to be District Attorney of Albany county.
Talcott was at this time thirty-two years of age-tall, stately, and commanding; dignified and gracious in bearing, and possessed of an almost unrivalled gift of eloquent speech. At the New York bar he had no superior in intellectual power, and perhaps never had
19
THE ALBANY REGENCY
been excelled by any of his predecessors with the excep- tion of Hamilton. Commenting on his last appearance before the United States Supreme Court, when he op- posed Daniel Webster in a memorable case and made an argument five hours in length, the illustrious Chief- Justice, John Marshall, declared that his achievement had not been equalled in that court since the days of William Pinckney. Educated at Williams College, he was one of the finest classical scholars of the day, and his tastes and inclinations were those of a man of letters rather than a practical politician. It may well be be- lieved that he became identified with public affairs far more from a feeling of obligation as a citizen than from liking or from any personal ambition.
Butler was only twenty-six years old, singularly hand- some, graceful, sympathetic in appearance and manner, generous and kindly in spirit. Although not a college man, he rivalled Talcott-whose bosom friend he was -in classical culture and intellectual power. He studied law in Van Buren's office, and then became his partner. Entering public life with reluctance and from a sense of duty, he attained distinction in his State and rose to a cabinet position at Washington, but was best pleased to turn away from his public honors to become one of the founders of the Law School of New York University.
Marcy, best known of the three in history, was the eldest, being thirty-five. He was a stalwart, soldierly man-he had served with credit in the army, winning the first land victory in the War of 1812,-with a mas- sive head and brows resembling Webster's, and a man-
20
POLITICAL AND GOVERNMENTAL HISTORY OF THE STATE OF NEW YORK
ner and spirit kindly and genial. He was a native of Massachusetts, and a graduate of Brown University; an omnivorous reader and fine English scholar, a capable school-teacher, and a trenchant editor. He alone of the three had a real love of political life, in which he was destined to make a triple record of distinction as Gov- ernor of New York, as United States Senator, and as Secretary of State of the United States.
When these three young friends found themselves, in 1821, thrown together as important office-holders at Albany, they were disgusted with the perversion of politics to personal greed. They realized the unworthy character and conduct of the Council that had ap- pointed them to office, and perceived that while some excellent selections were made offices were too largely filled at the behest of interested local bosses with more regard to political advantage than to fitness. The spoils system was in full and most offensive operation. Indeed, Talcott and Marcy, if not also Butler, owed their places to that system, though not through their own seeking. Nevertheless, they determined upon reform. Under the new Constitution the Council of Appointment was abolished and the appointing power was given to the Governor. But it would not do for him to make ap- pointments on the same low plane that the Council had ; instead of being 'subservient to mere influence and appointing men for expediency's sake rather than merit, he must be encouraged to choose men for fitness, and the whole system must be unified under general State direc- tion. There must be well organized party discipline throughout the State, and there must be high standards
21
THE ALBANY REGENCY
of political integrity. Ten years afterward, speaking in the Senate of the United States and referring to his political contemporaries and associates, Marcy gave to American political literature one of its most famous epigrams. "They see nothing wrong," he said, "in the rule that to the victors belong the spoils of the enemy." But if he and his fellow "Regents" were spoilsmen, they at least apportioned the spoils with intelligence and dis- cretion. They filled offices with their own party friends, but they insisted that these should be selected because of fitness and that they should show efficiency and in- tegrity.
These men, of course, had no official authority thus to dominate the politics of the State. They had no author- ity within their party organization. Such influence as they possessed and exerted arose directly from their extraordinary personalities, from their integrity, their commanding intellectual ability, their fine combination of tact and resolution, their natural gift of management and leadership of men. Others might disagree with them; nobody could denounce or convict them of cor- ruption. Not all of their associates and successors were of equal caliber, yet they were generally representatives of the best statesmanship and public spirit of the Demo- cratic party. They included Roger Skinner, Edwin Croswell, Benjamin Knower, Azariah C. Flagg, Charles E. Dudley, Silas Wright, and Dean Richmond.
It was under the inspiring leadership of Talcott, But- ler, Marcy, and their associates that the State of New York entered upon the new era of its Constitution, and it was largely owing to their genius and devotion that
22
POLITICAL AND GOVERNMENTAL HISTORY OF THE STATE OF NEW YORK
[1822
that instrument was so wisely and profitably applied. Each of these men died at what might well be regarded as an untimely age, and each without having attained the goal to which he fairly seemed to be entitled. Tal- cott died at forty-five, when just entering upon the full- ness of his intellectual and physical powers, lamented by the bar of the State as one of its two or three fore- most members. Butler passed away at fifty-nine, in the very prime of life, leaving the great Law School of New York University to be his fitting monument. Marcy lived to be the oldest of the three, but when he died at sixty-two his career seemed to be unfinished. He had reached the station of Secretary of State under Franklin Pierce, but he himself should have been Presi- dent instead of his chief.
The first political achievement of the Albany Regency was, as has been recorded in the preceding volume, the overwhelming election of Joseph C. Yates to be Governor of the State, with Erastus Root as Lieutenant-Governor and an all but unanimously Democratic Legislature. The new Senate was com- posed of thirty-two members, four each from the eight districts into which the State was divided. Thirty of them were stalwart Bucktail Democrats, and the other two were nominally Federalists but in fact also Demo- crats, at least in their political actions. Not one of them was politically friendly to Governor DeWitt Clinton, though one of the nominal Federalists, John Suydam, of Ulster county, had been among his strongest support- ers; he, however, had turned against Clinton two years before.
23
THE ALBANY REGENCY
1822]
The Assembly was more than three-fourths Bucktail, with a few scattering Clintonians. It consisted very largely of new men who had not served before, and con- tained comparatively few of real prominence in poli- tics, society, or business. The best known were Gulian C. Verplanck and Jesse Hoyt, of New York City; Peter R. Livingston, of Dutchess county; and Azariah C. Flagg, of Clinton county.
The election in November, 1822, was singularly quiet, as if an "era of good feeling" had come upon the politics of the State as of the nation. But the peaceful aspect was delusive-the proverbial "calm before the storm." All the elements of discord and conflict were present in unstable equilibrium, needing only the provo- cation of a slight shock to precipitate them into dis- order, if not disaster. A strong hand and a masterful intellect in the Governorship might have maintained order and harmony. But these unfortunately were lack- ing. The Albany Regency. had erred in putting, through motives of expediency, a comparative weak- ling in the chair of state at the very time when, because of the great changes made by the new Constitution, and especially the magnifying of the Governor's powers and duties, the very strongest and most expert of men was imperatively needed.
CHAPTER II
GOVERNOR YATES'S ADMINISTRATION
J OSEPH C. YATES became Governor, and the Forty-sixth Legislature began its session, on the first day of January, 1823, though a quorum was not obtained in the Legislature for the transaction of business until January 7. For the first time a written message was submitted to the Legislature, instead of an address delivered by the Governor in person. Nor was the change in matter less radical than that in manner. Governor Yates's message was scarcely half the length of the addresses of Clinton, and was perfunctory and almost colorless in tone. Referring to the extraordinary importance of the work imposed by the new Constitu- tion, he counselled prudence and caution in procedure. Foremost among the subjects claiming prompt attention was the practical creation of a new judiciary system. Having himself been a Justice of the Supreme Court for fourteen years, Governor Yates naturally devoted more attention to that subject than to any other. It may be added that, following his suggestions, the Legisla- ture on February 24 enacted a measure defining the powers and jurisdiction of the Court of Common Pleas and of General Sessions in all counties except New York. On April 17 it enacted a general Judiciary law. This comprehensive measure defined the terms of the
24
25
GOVERNOR YATES
1823]
Supreme Court, and provided for process and for the appointment of a Reporter. It also divided the State into eight circuits corresponding with the Senate dis- tricts, vested Circuit Judges with chancery jurisdiction, and defined the powers of the Courts of Oyer and Ter- miner. A week later a third law fixed the salaries of the various judicial officers. Another law abolished the Probate Court and transferred its functions and powers to the various county Surrogates, created the Marine Court in the city of New York, and provided for the appointment of Justices of the Peace and Special Jus- tices in Albany.
Governor Yates recommended full examination of the Militia laws, in response to which the Legislature enacted a general measure on the subject, based upon the Federal Militia law of 1792. His recommendations concerning the public school system led to the enact- ment of a bill regulating the administration of public schools, and of another for the sale of public lands for the benefit of the school fund. In response to other suggestions in the message bills were passed declaring tenants who paid taxes to be voters, just as though they were freeholders; providing for further extension of the Erie canal and for a new loan of $1,300,000 for the purpose; and authorizing a system of solitary confine- ment for not more than two years for State prisoners convicted of second offenses, and providing for a tread- mill at the Albany jail. Provision was made for the erection of a yellow fever hospital in New York. Only a few special messages were sent in at that session of the Legislature, and they were chiefly of a formal and per-
26
[1823
POLITICAL AND GOVERNMENTAL HISTORY OF THE STATE OF NEW YORK
functory character. The abolition of the Council of Revision put an end to the delivery of numerous and often extended veto messages, and only a single bill was vetoed by the Governor at this session. That was a private relief bill; it was vetoed on technical grounds of unconstitutionality, and was not passed over the veto.
The Governor transmitted to the Legislature reso- lutions of the Massachusets, South Carolina, and Geor- gia Legislatures disapproving the Pennsylvania Legis- lature's proposal for an amendment to the Federal Con- stitution limiting the powers of Congress in respect to banks, with the sequel that the New York Legislature also adopted a concurrent resolution similarly disap- proving that proposal. The Legislature adjourned without day on April 24, 1823.
This record, standing alone, might give the impres- sion that the quiet and harmony which had marked the election in November preceding was continued throughout the session of the Legislature. But such was by no means the case. On the contrary, it was a stormy session, marked with the development and rag-
ing of high political passions. The Assembly on Janu- ary 7 elected Peter R. Livingston, of Dutchess county, to be Speaker, by the overwhelming vote of 117 to 6. Mr. Livingston had been a member of the preceding Senate and also of the Constitutional convention, and in both those bodies he had attracted statewide attention by his extraordinarily bitter hostility to Governor Clin- ton and all his political friends. It would not, indeed, be too much to say that he was Clinton's most rancorous enemy in the State.
27
GOVERNOR YATES
1823]
Early in the session Governor Yates, acting under the new Constitution, sent to the Senate for ratification the nominations of Ambrose Spencer, Jonas Platt, and John Woodworth to be the Justices of the new Supreme Court. Mr. Spencer had for some time been Chief- Justice of the old Supreme Court. All three of these nominees had been conspicuously active in party poli- tics, but of their capacity for impartiality on the bench, as of their intellectual and moral worth, there was no question. Unfortunately they had all been opposed to the Bucktails. In consequence the Senate refused to approve them. Spencer and Platt had been close friends and supporters of DeWitt Clinton, and for that reason were rejected almost unanimously by the Senate. Wood- worth was not quite so objectionable to the Bucktails, and the majority against him was much smaller than that against the others.
The very day after these rejections the Governor sent in three other names for the Supreme Court, John Savage, Jacob Sutherland, and Samuel R. Betts. The first of these men was then the Comptroller of the State. Mr. Sutherland had been elected to the State Senate, but was of course ready to leave that body for the bench. He had also been United States District Attorney, and was a man of fine legal and literary ability, though for some years he had been retired from his profession and had been engaged in farming. Mr. Betts was also a man of high character and excellent legal standing. The appointments, however, gave great umbrage to Ambrose Spencer and also to Jonas Platt, and indeed were widely regarded as casting discredit upon the
29
[1823
POLITICAL AND GOVERNMENTAL HISTORY OF THE STATE OF NEW YORK
Governor. That was not so much because of objections to the men as because of what was regarded as the in- decent haste in sending in their names so quickly after the rejection of the other three. It was charged, with much color of plausibility, that Governor Yates had all along intended to appoint them, and that he had first nominated Messrs. Spencer, Platt, and Woodworth merely to make a virtuous show of reappointing them, with the understanding with the Senate that they were to be rejected and the way thus opened for making three other appointments of a political character. The case was of course aggravated by the fact that the Governor had himself been a colleague on the bench with the three Judges who had been rejected and whom he so hastily sought to supplant.
That there was any such understanding with the Senate seems, however, to have been disproved by the action of that body. It did not delay, but on the day following the receipt of the names confirmed the nomi- nations of Messrs. Savage and Sutherland, but rejected that of Mr. Betts. No reason was given for the rejec- tion save the intimation made by some Senators that he was not regarded as entirely loyal to the Democratic party. It can scarcely be supposed that this was the real reason. It is more probable that Mr. Betts was the victim of some clever wirepulling on behalf of Judge Woodworth. For upon the rejection of his name the Governor nominated Woodworth, who a few days be- fore had been rejected, and this time the latter was con- firmed, though not without violent opposition. The whole episode was unpleasant, since it indicated the in-
29
GOVERNOR YATES
1823]
trusion of personal and partisan politics into the selec- tion of the judiciary, and it perceptibly impaired the esteem in which Governor Yates was held. It may be added that Ambrose Spencer, though he never regained a place on the bench, continued for many years to be a formidable figure in State politics and on several occa- sions was enabled to wreak dire vengeance upon his foes. He served one term as Mayor of Albany and one term as a Representative in Congress, and, abandoning the Democratic party, was in 1844 the presiding officer of the national convention of the Whig party, at which Henry Clay was nominated for the Presidency only to be narrowly beaten by James K. Polk. Jonas Platt never held office again, but after some years of practice at the bar retired to a farm for the rest of his life. Wil- liam W. Van Ness, the only one of the former Judges who did not seek reappointment, died within a month of the appointment of the new Judges, having attained no more than middle age. John Woodworth, the only one of them to be reappointed, despite his age and ex- perience was content to rank at the foot of the bench, officially the youngest though in years the oldest of the Judges.
Following the appointment of the Judges, the Legis- lature in February, 1823, proceeded to choose the State officers whom the new Constitution empowered it to elect. A party caucus was held, in which there was little difference of opinion save over one name; and of course the candidates chosen by the caucus were elected by the Legislature by almost unanimous vote. For Sec- retary of State the Governor's nephew, John Van Ness
30
[1823
POLITICAL AND GOVERNMENTAL HISTORY OF THE STATE OF NEW YORK
Yates, was selected, doubtless because he had filled the place well since his original appointment to it in 1818. For Comptroller another admirable selection was made in the person of William L. Marcy. He had been vigorously opposed in the caucus by the friends of Colonel Young, who put forward James Tallmadge, a former follower of DeWitt Clinton, and who later be- came the leader of a strong faction of the Democratic party opposed to the Albany Regency. Alexander M. Muir was elected Commissary-General, practically without opposition ; and Simeon DeWitt was returned to the office of Surveyor-General, which he had held for forty years under all parties and administrations. There was some demur in the caucus to his selection, because he was a Clintonian, but his long service and personal charm of character outweighed that considera- tion. One State officer was left for the Governor to ap- point without reference to the Senate. This was the Adjutant-General, who was appropriately thus chosen by the Governor as commander-in-chief of the militia. Governor Yates selected for the place William K. Fuller, a man of high character and amiability of dis- position but entirely unacquainted with military affairs.
There were under the new Constitution many minor offices to be filled by the Governor with the approval of the Senate, such as County Judges, Surrogates, and notaries. In most cases the Governor appointed the men who had been selected by local party caucuses, and the Senate generally ratified his choice. All these ap- pointments were made from the Democratic party. The Legislature shortly before adjourning, in April, 1823,
31
GOVERNOR YATES
1823]
enacted a law providing for the appointment of a Cir- cuit Judge in each of the eight Senatorial districts of the State. This was done on April 17, and four days later the Governor made the nominations. The names were those of Ogden Edwards, Samuel R. Betts, Wil- liam R. Duer, Reuben H. Walworth, Nathan Williams, Samuel Nelson, Enos T. Throop, and William B. Roch- ester. Mr. Betts, it will be recalled, had been nomi- nated for the Supreme Court but rejected by the Senate. There was, however, no objection to his appointment to the Circuit Court, and he was promptly confirmed with all the others, all being recognized as excellent ap- pointees.
The Legislature of 1823 was not notable for many important enactments. On March 31, however, it passed a law destined to have important results from its appointment of the last and most noteworthy of the State Printers. It should be recalled that during the Colonial period printers to the crown or for the Prov- ince were commissioned by the Governor and Council, the first of them being William Bradford in 1693. The State of New York continued the practice of officially designating a State Printer. The place was held suc- cessively by John Holt, 1776-84; Elizabeth Holt, 1784; Samuel Loudon, 1785; Samuel and John Loudon, 1786; Francis Childs and John Swaine, 1790; Francis Childs, 1795; John Childs, 1796; Loring Andrews & Company, 1798; Loring Andrews, 1799; John Barber, 1802; Charles A. and George Webster, 1805; Solomon South- wick, 1809; Henry C. Southwick, 1814; Jesse Buel, 1815; and Cantine & Leake, 1821. During the winter
32
POLITICAL AND GOVERNMENTAL HISTORY OF THE STATE OF NEW YORK
[1823
of 1822-23 Mr. Cantine, who was editor of the Albany Argus, died, and on March 31 the Legislature passed an act appointing the surviving member of his firm, Isaac Q. Leake, and his new partner and editor of the Argus, Edwin Croswell, to be State Printers. Two years later, in 1825, Mr. Croswell alone succeeded to the place, and he filled it with much distinction and with great politi- cal influence for fifteen years. In 1840-if we may here anticipate the record-he was removed on political grounds and was replaced by Thurlow Weed, but was reappointed for a brief time in 1843, just before the office of State Printer was abolished by law and the public printing of the State government was placed under the supervision of a board to be let to the lowest bidder.
Of the firm of Leake & Croswell, Mr. Leake, the elder partner, was a man of considerable literary abil- ity but was infirm in health and quite incapable of tak- ing an active part in politics. Edwin Croswell, on the other hand, was active, enterprising, a practical printer of rare ability, an editor of commanding power, and a politician of much ambition and consummate skill. He made the Albany Argus a notable party organ of the Democracy, and made the office of Public Printer a political power in the State.
The dominant political issue of 1823 was, however, not State but national, and once more the politics of New York was made subservient to and indeed the plaything of that of the United States. President Mon- roe was in his second term, and his successor was to be elected in 1824. Early in 1823 discussion and much
JOSEPH C. YATES
Joseph C. Yates, 8th governor (1823-24) ; born in Sche- nectady, November 9, 1768; lawyer; founder of Union college; first mayor of Schenectady. 1798; state senator, 1806-08; justice supreme court, 1808-1822; governor, 1823-24; presidential elector, 1812, 1828 ; president of electoral college, 1828; died at Schenectady, March 19, 1837.
33
GOVERNOR YATES
1823]
wirepulling and manœuvering concerning the succes- sion became rife. It was generally recognized through- out the country that the "Virginia dynasty" must end or be suspended, and no Virginia candidate was put for- ward. So far as any influence was exerted by Virginia, it was in favor of William H. Crawford, of Georgia, who had been Secretary of the Treasury during Mon- roe's administration and formerly was Secretary of War in Madison's cabinet. No candidate was proposed from New York. New England and some other States favored John Quincy Adams, the Secretary of State. South Carolina put forward John C. Calhoun, the young and brilliant Secretary of War. Kentucky and the west favored Henry Clay, then Speaker of the House of Representatives. Tennessee supported Andrew Jackson, who had a distinguished military career in the War of 1812 and in the subsequent Florida troubles, but who was at the time a private citizen. All these candidates were active Democrats, and all of them had heartily supported Madison in the War of 1812.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.